Common use of Guarantor Insolvency Clause in Contracts

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Party, a fully-matured, due, and payable obligation of such Guarantor to such Guarantied Party (without regard to whether there is an Event of Default under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Texas Industries Inc), Credit Agreement (Texas Industries Inc), Term Credit Agreement (Texas Industries Inc)

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Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Guaranteed Party granted hereunder, then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Guaranteed Party, a fully-matured, due, and payable obligation of such Guarantor to such Guarantied Guaranteed Party (without regard to whether there is an Event of Default under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Guaranteed Party), payable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Guaranteed Party, upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.), Guaranty (Powersecure International, Inc.)

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Grantor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Grantor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Guaranteed Party granted hereunder, then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Guaranteed Party, a fully-matured, due, and payable obligation of such Guarantor to such Guarantied Guaranteed Party (without regard to whether there is an Event of Default under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Guaranteed Party), payable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Guaranteed Party, upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.)

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Party, a fully-matured, due, and payable obligation of such Guarantor to such Guarantied Party (without regard to whether there the Borrower is an Event of Default then in default under the Credit Agreement or any Guarantied Swap Contract or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Chaparral Steel CO), Credit Agreement (Chaparral Steel CO)

Guarantor Insolvency. Should any Guarantor become insolvent, fail to pay its debts generally as they become due, voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Party, a fully-matured, due, and payable obligation of such Guarantor to such Guarantied Party (without regard to whether there Company is an Event of Default then in default under the Credit Loan Agreement or any other Loan Paper or whether any part of the Guarantied Obligations is then due and owing by the Borrower Company to such Guarantied Party), payable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Loan Agreement (Elcor Corp)

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Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Party, a fully-matured, due, and payable obligation of such Guarantor to such Guarantied Party (without regard to whether there is an Event of Default under the Restated Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (Texas Industries Inc)

Guarantor Insolvency. Should any the Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then, the obligations of such the Guarantor under this Guaranty shall be, as between such the Guarantor and such Guarantied Party, a fully-matured, due, and payable obligation of such the Guarantor to such Guarantied Party (without regard to whether there the Borrower is an Event of Default then in default under the Credit Agreement or any Guarantied Swap Contract or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable in full by such the Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Guaranty (Chaparral Steel CO)

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of any Guarantied Guaranteed Party granted hereunder, then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Guaranteed Party, a fully-maturedfully‑matured, due, and payable and performable obligation of such Guarantor to such Guarantied Guaranteed Party (without regard to whether there is an Event of Default under the Credit Agreement or whether any part of the Guarantied Guaranteed Obligations is then due and owing by the Borrower to such Guarantied Guaranteed Party), payable and performable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Guaranteed Party, upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (BG Staffing, Inc.)

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